CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

June 18, 2013

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

7:00PM Executive Session - Claims Room, 101

7:30 P.M. Open Session

 

Present:

James Briden - Mayor

Thomas Rose - Assistant Mayor

Helder Cunha - Council Ward 2

Tracy Capobianco - Council At-Large

Chrissy Rossi - Council Ward 4

Peter Graczykowski - City Manager

Timothy Chapman - City Solicitor

June Lundstrom  - Deputy City Clerk

 

 

I.                   EXECUTIVE SESSION

The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (2)

            A.  New Claims

                        1.  Amica Mutual Ins. Company (Insured Raymond Cabral)

                        2.  Valerie Cabral

                        3.  Paul Dusault

                        4.  Marianka Ilic

                         

II.                CALL TO ORDER

 

III.             SALUTE TO THE FLAG

 

IV.             TO APPROVE THE CONSENT CALENDAR

All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion.  There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.

 

A. Letters Received

1.  Resolution Middletown Town Council regarding safe and reliable roads and bridges. 

2.  Coastal Resources Management Council June 2013 Calendar.

3.  Coastal Resources Management Council Administrative Procedures Act potential amendment re:  Commercial and Recreational Fisheries (Section 560 Policies and Standards).

4.  Coastal Resources Management Council Administrative Procedures Act potential amendment to Access to Public Records. 

5.  Resolution Hopkinton Town Council Opposing SB 0322 Legislation Relating to Taxation - Levy and Assessment of Local Taxes. 

 

B.  Cancellation/Abatements - Board of Review

Year	Amount
2012	$125,219.27
Total	$125,219.27

 

C.  Cancellation/Abatements

Year	Amount
2012	$3,498.38
2013	$50,578.43
Total	$54,076.81

 

A motion to approve the Consent Calendar is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco, under discussion Councilwoman Rossi has questions regarding several abatements listed,

Assistant Mayor Rose asks to be recused from items B and C.

Councilwoman Rossi would like additional information on some of the abatement items.  

Mayor Briden asks for a motion to remove the tax abatement items B and C for a vote on the remainder of the Consent Calendar, and this motion is made by Councilwoman Capobianco seconded by Assistant Mayor Rose and on a roll call vote the Consent Calendar is approved unanimously. 

Assistant Mayor Rose provides a recusal form to the City Solicitor.

The City Manager suggests holding the abatements until the next meeting so that the City Assessor can provide additional information. 

A motion to defer the abatements, items B and C until the next Council meeting is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous. 

                       

V.                PUBLIC COMMENT

A.  Jean James CDBG - this item will be discussed under public hearing so she will hold her comments until then.

                       

VI.             LICENSES NOT REQUIRING PUBLIC HEARING

Licenses are granted subject to all required approvals from State and City departments.

 

                        A.  Laundry/Drycleaners

Joaquin T. Barrenechea DBA Corners Cleaners& Tailoring, 283 Taunton Avenue (02914), Joaquin T. Barrenechea, 20 Greenville Avenue, Johnston (02919)

 

A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

           

                        B.  Hawker (2 Locations)

Jamin M. McLaughlin DBA TNT Fireworks, Jamin M. McLaughlin, 71 Bamford Avenue, Oakville, CT 06779.

 

Mr. McLauglin is called to the podium and answers questions by Mayor Briden relative to having all proper approvals which he acknowledges he does have including tent permits and Fire Department approvals. 

 

             A motion to approve the license for both locations, 1235 Wampanoag Trail and 30 Highland Avenue is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

VII.          PUBLIC HEARING - SHOW CAUSE HEARINGS

(Council sitting as Licensing Commissioners)

 

                        A.  Lane Foods Company, LLC DBA Gregg's Restaurant, 214 Main Street, East Greenwich, RI 02818, location:  1940 Pawtucket Avenue (02914)

Sgt John Andrews EPPD testifies.  On February 6, 2013 at 7:42PM a 17 year old female decoy and an 18 year old male decoy entered the Downstairs Pub section of Gregg's Restaurant.  Both were able to purchase Miller Light.  The bartender was summoned to Municipal Court and pled guilty.  This is Gregg's first offense.  EPPD is recommending $250 fine although for a 17 or under service to minor the fine is $500. 

 

Legal Counsel for Gregg's John Biafore testifies.  Gregg's has been in East Providence for 32 years and has never had a blemish.  All servers are certified by the State and they have been doing this even before it was the law to have them certified.  The bartender paid a fine and was suspended.   The owner of Gregg's is present and can answer any questions.

 

Mayor Briden states that if the 17 or under fine is $500 shouldn't they just follow the guidelines?

 

Councilwoman Rossi states that this business has been here for a long time and she doesn't agree with the sting policy, instead she feels we should be doing more in our community to work with businesses and work out other ways to stop service to minors.

 

Sgt Andrews states the EPPD recommends just the $250 fine. 

 

A motion to approve the minimum fine of $250 is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote Councilwoman Capobianco votes Nay, the motion passes 4-1.

 

 

                        B.  East Providence House of Pizza, LLC, 187 Willett Avenue (02915)

 

Sgt Andrews EPPD testifies.  On February 1, 2013 at 9:19PM an 18 year old female decoy and a 17 year old male decoy both went into East Providence House of Pizza and both were served alcohol.  The waitress pled guilty in Municipal Court. The EPPD recommends $250 minimum fine. 

Ivan Lambro is present and testifies.  They have been in business for 21 years with no incidents.  They have been serving alcohol since 1999.  The waitress had only been working there for 2 weeks. 

Councilman Cunha states that he feels that $250 fine is sufficient but that on the second offense the fine could be higher especially since once these incidents happen they will be on guard to make sure it doesn't happen again.

A motion to approve the $250 fine is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote Councilwoman Capobianco vote Nay with the explanation that the rules state 17 or under should be $500, the motion passes 4-1. 

 

                        C.  Warren Avenue Liquor Market, Inc., 208 Warren Avenue (02914)

 

            Sgt Andrews EPPD testifies.  On February 6, 2013 at 6:45PM a 17 year old male decoy and a 19 year old male decoy were both asked for ID both stated they did not have ID.  The clerk did sell them a 6 pack of Busch Light.  EPPD is requesting the $250 minimum fine adding that he is not sure if the 17 year old made the actual purchase. 

A motion to approve the minimum $250 fine is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous. 

 

VIII.       PUBLIC HEARING

                                    A. CDBG 2013-2014

            David Bachrach is called to the podium and provides information that the City was awarded more funds then they originally anticipated approximately $72,000, additionally there is $20,000 left from last year's economic development funds for a total of an extra $92,000. He presented the reallocation process and explained that there was a 30 day public comment period which follows this meeting.  For the reallocation portion there is a prioritization list, Grove Avenue repaving is at the top of that list.  Mr. Bachrach provided a breakdown of that reallocation.  Additionally, $6,000 was provided to United Methodist for an air conditioning system in their common lounge and the Fire Department is receiving $2,800 for safety equipment.  The grand total of all allocations is $770,000.

The City Manager asks Mr. Bachrach to provide an explanation on the process as there still remains a 30 day public comment portion before the reallocations are final. 

Councilwoman Rossi asks if Mr. Bachrach can return next meeting following the public hearing so that Council can make a final vote at that time. 

Mr. Bachrach states he will.

 

IX.             NEW BUSINESS

A.City Managers Report (by City Manager Peter Graczykowski)

             1.  Department Activity Report

             2.  EPBC Personnel Activity Report

             3.  Request to Award Bid for ALS Emergency Medical Vehicle

The Department needs to add 3 ambulances.  There has been grant approval for one ambulance so far.  There is a 10% City match plus $4,000.  The total cost to the City is $34,556.   The total cost of the grant is $307,820.  This will purchase one new ambulance.  If more grant money for the additional two is not possible the City will be looking at a lease option. 

A motion to approve the bid is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

Acting Chief Elmasian thanks the Council for the vote. 

            4.  Request to Approve the Computer Hardware Purchase

            On March 5, 2013 the Council approved the bid for the new financial software.  This bid is for the needed hardware.  This is a lease agreement whereby every 3 years the City will obtain new computers.  This will help to keep the City computers updated.  He added there was no need to go out for an official bid because the City used a State contract. 

The IT Director Kelly Ahrens is available to answer questions.

Mayor Briden asks if this item was approved by the Budget Commission.

The City Manager replies it was and it is included in the budget and would be kept in the budget every three years for those needed upgrades. 

A motion to approve this award under the existing State contract is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on roll call vote it is unanimous. 

                        B.Reports of Other City Officials

 

1. Claims Committee Report (by City Solicitor Timothy Chapman)

                                                           

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilwoman Capobianco to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Mayor Briden – Aye, Councilwoman Capobianco – Aye, Councilman Cunha - Aye, Councilman Rose – Aye, Councilwoman Rossi – Aye, the motion is approved 5-0. 

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                                  TUESDAY, JUNE 18, 2013; 7:00 P.M.; ROOM 101

=====================================================================

                                                                 NEW CLAIMS

AMICA MUTUAL INS. COMPANY                                                                               $2551.99

(INSURED:  RAYMOND CABRAL)

RM No. 13-040, Claim No. 13-034

Claim for property damage to insured’s vehicle sustained as a result of an accident with a City vehicle.  Recommend referral to the insurance carrier.

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Cunha

Motion:  Refer the claim to the insurance carrier.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

VALERIE CABRAL                                                                                                     Unspecified

RM No. 13-040, Claim No. 13-035

Claim for personal injury and/or property damage sustained as a result of an accident with a City vehicle.  Recommend referral to the insurance carrier.

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Cunha

Motion:  Refer the claim to the insurance carrier.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

PAUL DUSAULT                                                                                                                $127.00

RM No. 13-044, Claim No. 13-032

Claim for reimbursement of expenses incurred when the claimant’s vehicle was towed by the Police Department.  See recommendation of the Patrol Division Commander.

Motion by:  Councilman Cunha                                  Seconded by:  Councilwoman Capobianco

Motion:  Deny the claim.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√		√
Nay
Abstain				√
Absent

 

MARIANKA ILIC                                                                                                               $170.00

RM No. 13-043, Claim No. 13-033

Claim for property damage to vehicle sustained as a result of striking a pothole on Pawtucket Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilman Cunha                                  Seconded by:  Councilwoman Capobianco

Motion:  Refer the claim to the R.I. Department of Transportation.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

A motion to approve the Claims Committee Docket is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

 

                                                2.  1 Dexter Road Update (by City Solicitor Timothy Chapman)

The Solicitor provided information on two notice of violations which were sent, a sign violation which has received compliance and a cease and desist regarding a junk and salvage yard violation which is pending in Municipal Court and scheduled to be heard on July 25, 2013.

Adding that yesterday he had conducted a survey and found that the compliance regarding removal is taking place and that it should be complete by the deadline of August 21, 2013

                                   

                        C.   Council Members

                                    1.  1 Dexter Road (by Mayor Briden)

There is a report on line on the RIDEM website, which the Mayor states he can also provide to anyone who would like a copy, which discusses the cleanup of the debris at 1 Dexter Road.  The cleanup is moving into its 4th week and as of June 14th 13 full rail cars have been filled.  The cleanup takes place 7am-6pm M-F and 8am-1pm on Saturdays.  RIDEM is visiting the site daily.

                                    2.  Properties on Harding Avenue known as, Map 313, Block 8, Parcels 15 & 16 re: action taken at the 6/4/13 Council meeting (by Assistant Mayor Rose)

Assistant Mayor Rose stated that out of an abundance of caution he is asking that last week's vote regarding Harding Ave be rescinded and re-voted on as it wasn't properly posted on the docket.

A motion to rescind last week's vote on parcels 15 and 17 Harding Avenue is made by Assistant Mayor Rose, seconded by Councilman Cunha and under discussion Councilwoman Rossi asks for an explanation and clarification on not properly posted. 

Solicitor Chapman discusses a recent Board of Elections case in which a violation was issued on a topic listed on an agenda for being too vague.  If it is the Council's wish to rescind based on this he would agree and feels it is in the best interest of the City. 

Councilwoman Rossi asks if the Council plans to revote tonight. 

Mayor Briden said if a motion is presented it can be voted on. 

on a roll call vote the motion to rescind passes unanimously.

Councilwoman Rossi states now that the issue isn't vague she would like the Council to revote to remove the property from the sales list and return the check to the potential purchaser as there is no fiscal impact to the budget.  She asks if there is a legality issue in returning the check.

Solicitor Chapman states that he had contacted the buyer's attorney and they wish to proceed with the purchase.

Councilwoman Rossi wants to know what would happen if the City did not proceed with the sale?

Solicitor Chapman states that the City could be inviting litigation as the buyer wants to move forward.

Mayor Briden asks about specific performance. 

Solicitor Chapman states they want to move forward so yes a court could order forcing the City to sell could happen.  He also explains to the Council the meaning of the term specific performance and how it would apply to this case.  He adds that the Budget Commission approved the sale list and the Council approved the sale list.

Councilwoman Rossi discusses the residents of the area and what they have been through over the years and that it is not fair that they are being denied the right to purchase and were not told the land was for sale for years, that they were never notified and that their most recent paperwork sent to Planning was lost. 

Discussion between Councilwoman Rossi and Councilman Cunha ensues regarding the copies of past Council minutes and copies of memos and background information which Councilwoman Rossi had previously provided to Council.  However Solicitor Chapman states he could not find a formal vote of any past Council or a submission of an offer in writing from the neighbors. 

Councilwoman Rossi asks how much the City could be sued for and if the Solicitor is sure they will sue.  The Solicitor states that they could sue for the cost of the sale plus legal fees and/or damages.

Residents in the audience request to come to the podium and speak again as they did at the previous meeting.  Mayor Briden states the facts they heard at the last meeting remain and there is no new evidence to hear.  He adds that it isn't that the Council doesn't understand or even agree with the plight of the residents in the area but that the fact of the matter is a legal issue the City is bound by the agreement. 

Councilwoman Rossi asks for passage of her original motion at the previous meeting to remove this property from the sale list and to send the check back to the potential buyer, the motion is seconded by Councilwoman Capobianco on a roll call vote the motion fails 3-2 with Councilman Cunha, Assistant Mayor Rose and Mayor Briden voting Nay.

                                    3.  School District Needs (by Councilwoman Rossi)

The needs of the School District are far from met even with the past bonds that was just a small amount of what is desperately needed.  For example, at the EPHS the heater must be on in June just to get hot water to wash dishes.  There are major issues.  With this in mind she asks to combine her next docket item of scheduling a joint meeting to discuss.  When the City Clerk returns Councilwoman Rossi adds, she would like her fellow members to submit dates to the Clerk so that she can submit those to the School Committee as it's already been weeks since the Council agreed to meet yet not meeting date has been set.

                                    4.  Scheduling a Joint Meeting of City Council and School Committee (by Councilwoman Rossi)

                                    5.  Pumpkin Growing Contest (by Councilwoman Rossi)

This is a great way to help the Carousel and to raise money for Middle School Sports Project 106.  Lots of people are talking about it and spending a lot of money on fancy seeds.  Its $20 for an application and the grand prize is $200.  The event will be held in October and there will be options for vendors and lot of fun for everyone. 

                                    6.  Welcoming Business to East Providence (by Councilwoman Capobianco)

                                    TnF Wellness

                                    Trendy's Pizzeria

                                    Churchill Smokeshop and Lounge

                                    Three Guys Hydroponics

           

                        D.  Resolutions

1.  (Amendment to Resolution No. 15 - Adopted January 18, 2011)

RULES OF PROCEDURE OF THE CITY COUNCIL

BE IT RESOLVED, that the following Rules be and they are hereby adopted as the Rules of the City Council of the City of East Providence.

Rule One.  Duties of the Presiding Officer

a.                   The Mayor shall be the presiding officer at all meetings of the City Council.  The Assistant Mayor shall preside in the absence of the Mayor.

b.                  The presiding officer shall preserve order and decorum at all meetings of the City Council.  In the interest of preserving order and decorum, the presiding officer may in his/her discretion limit the remarks of a citizen or his/her attorney to a period of not more than five (5) minutes on any matter, and may also limit the remarks by the public to a period of not more than one (1) hour on any matter.

c.                   The presiding officer may speak in preference to any other member of the City Council and shall, subject to the restrictions imposed by subsection (d) of Rule One, decide all questions of order.

d.                  Any member of the City Council may appeal from the ruling of the presiding officer or the parliamentarian by moving that the presiding officer’s ruling or ruling of the parliamentarian be referred to the members of the City Council who are present.  In the event that such motion is seconded, the presiding officer shall immediately, without debate, put the following motion before the body for consideration:  “Shall the rule of the chair be sustained?” which question shall be decided by a majority vote of the members present.

e.                   The presiding officer shall propound all questions and motions in the order in which they are moved, unless the subsequent motion is previous in nature, as set forth in Rule Five, Section (e).

Rule Two.  Order of Business

a.                   A majority of all of the members of the City Council shall constitute a quorum for the conducting of business.  A smaller number than a majority may adjourn from time to time until a quorum shall be present.  Notice to be given in accordance with the provisions of the City Charter in Article II, Section 8.

b.                  The order of business of each City Council meeting shall be as follows:

I.                   Call to order

II.                Invocation

III.             Salute to the flag

IV.             Consent Calendar

V.                Proclamations & Presentations

VI.             Public Comment. All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments.  Said comments should pertain to topics listed on the published Council docket.  Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.

VII.          Appointments.  All Council appointments will appear on the docket under the heading Appointments listing the appointment being made, the name and address of the candidate, and the Council member nominating the candidate.  City Council members will submit the information to the City Clerk no later than Thursday preceding the Council meeting.

VIII.       Licenses (Requiring Public Hearing and Non-Public Hearings)

IX.             Public Hearings

X.                Continued Business

XI.             New Business

a.       City Manager’s Report

b.      Reports of Other City Officials

c.       Council Members

d.      Report of School Committee Liaison

e.       Resolutions.  All resolutions will appear on the docket with the name of the Resolution’s sponsor after having been referred to the Law Department for review.

f.       Introduction of Ordinances.  All ordinances shall appear on the docket after having been referred to the Law Department for review.

g.      Communications.  Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing no later than 4:00 p.m. the Thursday prior to the next regularly scheduled Council meeting.  A person who lists more than one topic on their communication will be allowed to speak on the first one listed.

c.         At any special meeting called of the City Council, the meeting shall be restricted to the business of the special meeting and no other business shall be considered without the unanimous approval of the City Council.

d.         Council members shall submit items for discussion purposes no later than 4:00 p.m. the Thursday prior to the next regularly scheduled Council meeting.  The docket for all regular meetings shall be prepared and delivered and/or electronically forwarded to the residence of each Council member at least 72 hours prior to said meeting.  Any petition requiring a hearing shall be referred to the proper City department for a written report prior to being placed on the docket for discussion or hearing.  Copies of all said petitions shall immediately be forwarded to the City Council.  No matter may be considered at any meeting that is not specifically on the docket (including votes) without the unanimous consent of the City Council.  No petition for rezoning may be withdrawn at any meeting to which it has been assigned for hearing unless such petition is withdrawn at least 72 hours prior to such meeting.  The docket will contain a plain language explanation for all ordinances.

Rule Three. Decorum and Debate

a.         When a motion is under debate, the chair shall receive no other motions except as set forth in Rule Five, Section (f).

b.         Any member desiring to speak shall address the presiding officer and, after his right to speak has been recognized, he shall not be interrupted while speaking except by a call to order or for the correction of a mistake or to yield to another member.  He shall confine his remarks to the question under debate and shall avoid personalities.  No member shall speak more than once on the same question until all other members desiring to speak thereon shall have done so, and in no event shall any member speak more than twice on any question without the permission of the majority of the members of the City Council.  There shall be no conversation among the members while a roll call is being taken, while any paper is being read, or while a question is being stated by the presiding officer.

c.         A roll call vote shall be taken as required by the Charter of the City of East Providence, the ordinances of the City, or at the request of any Council member.

d.         After a roll call vote has been ordered, said roll call shall not be interrupted, delayed or stopped by the presiding officer or any member of the Council for any reason whatsoever including points of order, personal privileges or for a member to explain his vote.  All roll calls shall be taken alphabetically except for the presiding officer who shall vote last.

e.         A motion shall be carried by the affirmative vote of a majority of the Council members voting on the motion and the presiding officer shall declare the passage or defeat of any motion.  In the case of a tie, the motion shall be defeated.

f.          When a vote has been passed, it shall be in order for ay members voting with the majority to move or second the reconsideration thereof not later than the next regular meeting and, when a motion to reconsider has been decided, that vote shall not be reconsidered.

Rule Four. Consent Docket

a.         When the City Manager determines that any item of business requires action by the Council but is of a routine and non-controversial nature, (s)he may cause such item to be presented at a regular meeting of the Council as part of the Consent Calendar.

b.         The Consent Calendar shall be introduced by a motion “to approve the Consent Calendar” and shall be considered by the Council as a single item.

c.         There shall be no debate or discussion by any member of the Council regarding any item on the Consent Calendar beyond asking questions for simple clarification.

d.         All items on the Consent Calendar which require public hearings shall be open for hearing simultaneously and the Mayor shall announce or direct the City Clerk to announce the titles of all such items.

e.         On objection by any member of the Council to inclusion of any item on the Consent Calendar, that item shall be removed from the Consent Calendar forthwith.  Such objection may be recorded at any time prior to the taking of a vote on the motion to approve the Consent Calendar.  All such items shall be considered individually in the order in which they were objected to immediately following consideration of the Consent Calendar.

f.          Approval of the motion to approve the Consent Calendar shall be fully equivalent to approval, adoption, or enactment of each motion, resolution, ordinance, or other item of business thereon exactly as if each has been acted upon individually.

Rule Five. Miscellaneous Provisions

a.         The City Clerk shall prepare a docket of the business to be conducted at each meeting of the City Council which shall be delivered and/or electronically forwarded to each council member’s residence not less than 72 hours before the meeting of the City Council.  No ordinance, resolution, petition, order or matter of business shall be considered unless notice of the same shall have been given previously in accordance with these rules.  Any additional public hearings concerning a zone change and/or subdivision will require the written consent of a majority of the City Council.

b.         Any reports or communications from any department head, City Manager or otherwise, shall be in writing and copy supplied to each Council member with the docket.

c.         Regular meetings of the City Council shall be held on the first and third Tuesday of each month at 7:30 p.m. in the City Council chamber in City Hall or at such other place as may be designated by a majority of the Council except in the months of July and August when there shall be only one meeting per month on the Tuesday designated by a majority of the City Council.  Amended December 1, 1988 (See Council Journal). Amended November 13, 1989 (See Council Journal).

d.         All meetings of the City Council shall be open to the public and all votes shall be cast in public.

e.         A special meeting of the City Council may be called in accordance with the provisions of Article II, Section 7 of the City Charter at the request of the Mayor or upon written request of three (3) members of the City Council, said request addressed to the City Clerk.  No business shall be considered at said special meeting other than that as set forth in the call of the meeting without the unanimous consent of the City Council.

f.          The order of precedence of motions shall be as follows:

            1.         Fix the time in which to adjourn

            2.         Adjourn

            3.         Recess

            4.         Raise a question of privilege

            5.         Lay on the table

            6.         Suspension of the rules

            7.         Previous question

            8.         Limit debate

            9.         Postpone to a certain time

            10.       Refer to committee or other official

            11.       Amend

            12.       Postpone indefinitely

            13.       Main motion

The above list shall be the order in which motions may be considered.  When any motion is pending before the City Council, any motion before that said motion on this list shall take precedence and be acted upon first and those following shall be out of order.

g.         The following motions shall not be debatable:

            1.         Adjourn

            2.         Recess

            3.         Raise question of privilege

            4.         Lay on the table

            5.         Suspension of the rules

            6.         Previous question

            7.         Limit debate

h.         These rules shall not be altered, amended, suspended or repealed at any time except by an affirmative vote of four-fifths (4/5) of the entire City Council unless docketed 72 hours prior to meeting.

i.          Roberts Rules of Parliamentary Procedure shall prevail in the absence of any specific rule as set forth herein.

j.          The City Solicitor is designated as parliamentarian for the purpose of interpreting these rules of procedure.

k.         In the event that any section of these rules shall be in conflict with the City Charter or ordinances of the City of East Providence, then such rule shall fail, however, those rules which are not in conflict shall remain in full force and effect.

l.          Any member of the public who requests to speak on any docket item that is not part of the Public Hearing section or specifically on the docket will be allowed to speak if approved by unanimous consent of the Council.

m.        The City Council shall adjourn no later than 10:00 p.m.  The Council shall vote each time in order to extend the meeting in 15 minute increments.  Said time increment extensions shall require a super majority vote.  Any business before the City Council not completed by 10:00 p.m. will be tabled to the next available meeting.  The date shall be announced and determined by the Council President.  Waiver of this rule requires a super majority vote.

 

Requested by:  Councilwoman Capobianco

Solicitor Chapman states that though Councilwoman Capobianco did ask for the change to be made to add School Committee Liaison other Council members submitted the additional changes.

Mayor Briden stated they received input from residents and lengthened the time to submit communications as well as lifted the restriction of communications having to be focused on a docketed item.  Additionally, Council added the curfew set at 10PM which can be extended in 15 minute intervals by Council vote.  This reflects a hope to be more efficient and to end at a reasonable hour as everyone Council and Department Heads all have to work the next day and have families. 

Councilwoman Capobianco states that she doesn't agree with the curfew she feels as though she was elected to work on these issues even late into the night and that they can move in an efficient manner without a curfew. 

Councilwoman Rossi states that she doesn't agree with the curfew as she was elected by Ward 4 voters and if people have things to say she is not going to stop them.  Adding she is here to represent the people not to get home early.

A motion to approve the resolution is made by Councilman Cunha, seconded by Assistant Mayor Rose and on a roll call vote Councilwoman Capobianco votes Nay and Councilwoman Rossi votes Nay, the motion passes 3-2.

 

                        2.  RESOLUTION IN OPPOSITION TO  SENATE BILL 2013–S0322 SUBSTITUTE A AND HOUSE BILL 2013–H5394

 

WHEREAS, it is standard practice in Rhode Island and our neighboring states to assess partially completed structures on a percentage of completion basis; and

WHEREAS, it is estimated that exempting single family development homes and condos from taxation until a development property is sold would result in lost property tax revenue in East Providence estimated at $1,665,200 annually beginning in FY 2014; and

WHEREAS, this special exemption would result in conflicting tax treatment for other new or rehabilitated structures; and

WHEREAS, the end result would be that existing taxpayers would subsidize developers of new homes.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of East Providence does hereby oppose Senate Bill 2013-S0322 Substitute A and House Bill 2013-H5394.

 

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of East Providence hereby requests that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives and the Senators and Representatives from the City of East Providence.

 

Requested by:  City Manager

A motion to approve the resolution is made by Councilwoman Capobianco, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

 

                        F. Communications

1.  Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding Equipment Consolidation. 

Mr. Ferreira discusses the cost of hiring outside service to clean the drains on both the School and City side and instead couldn't they share the cost of purchasing drain cleaning equipment between the Schools and the City.  The City Manager asks Director Coutu to look into this.

Councilman Cunha asks about street sweeping.  Director Coutu states he will send him the schedule adding that the sweeper is out almost every day.

2.  Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding School Construction Updates. 

Mr. Ferriera asks Council who is going to get behind these needed improvements and to please get together to meet with the School Committee.

3.  Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding sign change update from Meadowcrest to Oldham. 

This item was removed as it was completed.

4.  Christopher L. Smith, 228 Taunton Avenue (02914) requesting to address the Council regarding parking issue on Taunton Avenue between John Street and Six Corners. 

This item was deferred to the next meeting at the request of the submitter.

5.  Leeann Dias, 57 Tryon Avenue (02916) requesting to address the Council regarding a block party for Saturday July 20, 2013, blocking Tryon Avenue at the corner of Gibbs Street and the corner of Merchant Street and that Estelle Street be blocked at Ferris Avenue.   This is the 13th Annual Event and there have been no problems during the previous 12 years. 

Motion to approve the Block Party is made by Councilwoman Capobianco who spoke on behalf of Leeann Dias, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

 

X.                ADJOURNMENT

A motion to adjourn is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous. 

 

Approved By Council:  July 16, 2013

Attest:  _______________

City Clerk